The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-01-12
SUPREME COURT CASES
october rerm-rsse.

T. A. Boone, ct al,
v.
Jos E. DAVIS, ct al.
Appeal from the Chancery Court of
Kinds couhty.
Nugent & Melville and E. E. Bald
win, for the appellants.
Wells & Williamson and w. A. Mont
gome-y, for the appellees.
In 1854 one Thos. ]. Wells, party of
the first part, being about to leave the
State on account of unpleasant circum-
stances" made deed to the property
now in controversy to one VI. w. Stan
ley, party of the third part and his sac
cessors, for the benefit of Nancy Wells,
his wife, and their two minor children,
]. L. Wells and J. Dessaura Wells. The
deed expresses a consideration of "ten
dollars in hand paid" and Glove and a.
lection" for the benehciaries. After
the words of conveyance, "bargained.
sold and delivered" and a description
of the property, the deed closes as fol-
lows: ITO him, the said Stanley, trcs
tee, and to his heirs, assigns and ap-
pointees in fee simple absolute forever
defend the title to the same, and all
matters and things herein conveyed to him
the said party of the third part against
the claims of any person or persons
whomsoever, upon trust, however, and
subject to the following conditions: that
the said party of the third part shall
take full charge of the property herein
conveyed and manage it for the interest
of the parties of the second part as here
in set forth, and shall go on to collect
all matters belonging TO said estate
herein granted, and shall also buy, sell
and dispose of all matters which shall
be necessary to the carrying on OF the
estate herein granted such as purchasing
supplies, selling the crops or anything on
said estate which may be necessary to
the successful management thereof to-
the interest of the parties of the second
part; and should he at any time wish to
resign his trust herein, he shall appoint
a trustee to act in his stead; or should
he, the party of the third part, resign
his trust herein he shall appoint a trus-
tee to act in his stead or should he, the
party of the third part, die or resign his
trust without making any provision tor
a successor, the judge of the probate
court of Kinds shall appoint a trustee
to act according to the conditions herein
set forth, and this trust shall be deemed
binding on the parties of the first
(grantor) and third part (trustee) until
the same shall be dissolved by agree
ment of the parties, or set aside by a
decree of the probate court of the coun-
ty of Kinds" No agreement to dissolve
the deed was ever made between the
parties. The probate court of Kinds
county refused, on petition of Thos. j.
Wells, in 1885, to set aside the convey
ance. There is no provision in the deed
as to what shall become of the property
after the death of the benehciaries.
Mrs. Nancy Wells and j. Il. and J. Des-
sa ara Wells, the beneficiaries in the deed
having died, the heirs of Thos. j. Wells,
to-wit: T. A. Boone and others filed
this bill, setting out the above facts
against Jos. E. Davis, grantee of Mrs
Wells interest, and also against the
heirs of j. l.. and j. Dessaura Wells,
praying that compliments be held to be
owners of the property in fee and be put
in possession. The chancellor dismissed
the bill on demurrer. Tue complain
ants appealed.
CAMPBELL, J., delivered the opinion of
the Court.
The deed of Thomas J. Wells vested
the fee simple title of the land conveyed
in the trustee named, and his successors
in the trust, and the estate of the bene-
ficiaries named in the deed was cock
tensive with the title of the trustee. On
the death of each beneficiary his or her
interest in the land not legally disposed
of by him or her, devolved by descent
upon heirs. The deed of Wells placed
the property conveyed forever beyond
his reach, and at his death he had no
interest in it descendible to his heirs
There was no reversionary interest in
Wells and no resulting trust as to the
property conveyed. If his deed be re-
garded as purely voluntary no trust
resulted to him, but the legal estate was
in the trustee, and the whole beneficial
interest in his wife and children.